Securities and derivatives
7A Securities and derivatives
Security has the same meaning as in Chapter 7 of the Corporations Act 2001.
Despite subsection (1), the AML/CTF Rules may provide:
that a specified thing is a security; or
that a specified thing is not a security.
Derivative has the same meaning as in Chapter 7 of the Corporations Act 2001.
Despite subsection (3), the AML/CTF Rules may provide:
that a specified thing is a derivative; or
that a specified thing is not a derivative.
Part 4—Contingent amendment
Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006
30 Subsection 123(8B)
Omit “and (2) do not apply to the disclosure of information by a reporting entity”, substitute “, (2) and (2A) do not apply to the disclosure of information by a person”.
Schedule 10—Exemptions
Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006
1 Section 5 (definition of account)
Repeal the definition, substitute:
account includes:
an account which has a nil balance; and
an account in relation to which no transactions have been allowed.
2 Section 5
Insert:
Australian Border Force has the same meaning as in the Australian Border Force Act 2015.
credit card acquirer means a person who:
is a participant of a designated payment system under the Payment Systems (Regulation) Act 1998; and
pays, or accepts liability to pay, a merchant (either directly or through another person) for goods or services obtained, or to be obtained, by another person from the merchant in a credit card transaction.
credit card issuer means a person who:
is a participant of a designated payment system under the Payment Systems (Regulation) Act 1998; and
issues a credit card to a customer; and
either:
receives payment from the customer for amounts owed by the customer, under the terms governing the credit card, for credit card transactions; or
pays, or accepts liability to pay, a credit card acquirer (either directly or through another person) for amounts paid or payable by the acquirer to a merchant for the customer’s credit card transactions.
deductible gift recipient has the same meaning as in the Income Tax Assessment Act 1997.
departing Australia superannuation payment has the same meaning as in the Income Tax Assessment Act 1997.
exchange settlement account means an account provided by the Reserve Bank of Australia that is used for the final settlement of obligations between holders of such accounts.
extension notice: see subsection 39B(7).
keep open notice: see subsection 39B(1).
on‑course bookmaker means a person who carries on a business of a bookmaker or a turf commission agent at a racecourse.
online gambling service:
means a designated service covered by an item of table 3 in section 6 of this Act that is provided to a customer using any of the means referred to in paragraph 5(1)(b) of the Interactive Gambling Act 2001; and
includes an excluded wagering service (within the meaning of that Act), but does not include a telephone betting service (within the meaning of that Act).
representative office, of a foreign bank, is an office of the foreign bank in Australia in respect of which the foreign bank has written consent to establish the representative office in Australia for the purposes of section 67 of the Banking Act 1959.
senior member of an agency: see subsection 39B(3).
serious offence: see subsection 39B(2).
totalisator agency board means a board or authority established, or a company holding a licence, under a law of a State or Territory for purposes that include the purpose of operating a betting service.
3 Subsection 6(2) (table item 1, column headed “Provision of a designated service”, paragraph (e))
Repeal the paragraph, substitute:
a credit card issuer; or
a credit card acquirer; or
a person specified in the AML/CTF Rules
4 Subsection 6(2) (table item 2, column headed “Provision of a designated service”, paragraph (e))
Repeal the paragraph, substitute:
a credit card issuer; or
a credit card acquirer; or
a person specified in the AML/CTF Rules
5 Subsection 6(2) (table item 3, column headed “Provision of a designated service”, paragraph (e))
Repeal the paragraph, substitute:
a credit card issuer; or
a credit card acquirer; or
a person specified in the AML/CTF Rules
6 Subsection 6(2) (table item 47, column headed “Provision of a designated service”, paragraph (b))
Repeal the paragraph, substitute:
the service is not provided in the course of carrying on a business that provides short‑term accommodation for travellers; and
the service is not specified in the AML/CTF Rules
7 At the end of Division 7 of Part 2
Add:
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